Criminal Code of the Russian Federation in the latest edition:
Article 13 of the Criminal Code of the Russian Federation. Extradition of persons who have committed a crime
1. Citizens of the Russian Federation who have committed a crime on the territory of a foreign state are not subject to extradition to that state.
2. Foreign citizens and stateless persons who have committed a crime outside the Russian Federation and are located on the territory of the Russian Federation may be extradited to a foreign state for prosecution or serving a sentence in accordance with an international treaty of the Russian Federation.
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What is meant by extradition?
Extradition (extradition) means the extradition of a person who has committed a crime by the state in whose territory he is located to another state where the crime was committed or of which he is a citizen, in order to bring the latter to criminal responsibility or to carry out the sentence.
The institution of extradition by one state of persons who have committed a crime to another foreign state (extradition) has long been known to international law. In this case, the state on whose territory the criminal is located, at the request of a foreign state, limiting its criminal jurisdiction over this person, extradites him to another interested state. A request for the extradition of a person to such a state may be based on the fact that the person is its subject or has committed a crime on its territory, or, although outside its borders, against the interests of that state.
Powers permitted by Article 7 of the Labor Code of the Russian Federation
The powers of the body are understood as its rights, capabilities and responsibilities, using which the local body is obliged to communicate with the population.
This system is quite complex, so let’s consider each of its branches:
- Powers to solve problems or issues of the population (when people apply to local government, bodies have the right to provide those services for which they have the authority).
- Powers to carry out government orders or to enforce federal laws and regulations. They are relevant only if government authorities have given permission for their implementation.
- There are some separate rights of local governments. Unlike other powers, they are not mandatory - they are rights rather than obligations. These powers include public education, the creation of cultural assets (construction of museums, cinemas), the organization of holidays, festivals or parades (for example, military ones).
- The optional powers of local governments also include the creation of the so-called “ambulance” - a service providing emergency medical care. help.
- In some cases, self-government bodies also have the authority to resolve issues and problems in their region that affect the policies of federal bodies. In this case, all actions must be carried out at the expense of the local budget (but there are also some exceptions here).
Despite the fact that all these nuances are discussed in Article 7, the wording is quite vague. Powers may or may not be binding.
Citizens of the Russian Federation are not subject to extradition
According to Art. 61 of the Constitution of the Russian Federation, a citizen of the Russian Federation cannot be expelled from the Russian Federation or extradited to another state.
Part 1 art. 13 of the Criminal Code of the Russian Federation establishes that citizens of the Russian Federation who have committed a crime on the territory of a foreign state are not subject to extradition to that state. The law, speaking about a citizen who has committed a crime, proceeds from the fact that his behavior is considered as such by the criminal legislation not only of a foreign state, but also of the Russian Federation. Part 1 art. 13 of the Criminal Code of the Russian Federation, based on Art. 61 of the Constitution of the Russian Federation does not mean the release of Russian citizens from responsibility and punishment for committing crimes on the territory of other states. The issue of criminality and punishability of the act in this case is resolved in accordance with the norms of the Criminal Code of the Russian Federation.
The categorical ban on the extradition of Russian citizens who have committed a crime on the territory of a foreign state to this state is based on the principle of citizenship of the criminal law in the space enshrined in Article 12 of the Criminal Code of the Russian Federation.
Article 7
The term “social state” is a characteristic of the constitutional and legal status of the state, a principle that presupposes the enshrinement in the constitution of guarantees of economic and social rights and freedoms of man and citizen and the corresponding responsibilities of the state. This characteristic means that the state serves society and seeks to eliminate or minimize unjustified social differences. The social character of the state was first proclaimed in the Basic Law of the Federal Republic of Germany in 1949.
Article 7 of the Constitution is, by and large, declarative. It proclaims the Russian Federation as a social state, reflecting, rather, the wishes of the authors of the text of the Constitution, rather than the existing state of affairs. How can a state be called social if more than half of its population is below the poverty line or teetering around this line?
Generally speaking, Art. 25 of the Universal Declaration of Human Rights (adopted by the UN General Assembly by resolution 217A (III) of December 10, 1948) is also declarative in nature:
“Everyone has the right to such a standard of living, including food, clothing, housing, medical care and necessary social services, as is necessary for the health and well-being of himself and his family, and the right to security in the event of unemployment, illness, disability, widowhood , old age or other loss of livelihood due to circumstances beyond his control. Maternity and infancy give the right to special care and assistance. All children, whether born in or out of wedlock, should enjoy the same social protection.”
Similar rules are also contained in the International Covenant on Economic, Social and Cultural Rights of December 16, 1966 (Articles 10, 11).
However, it should be noted that, to a certain extent, socially oriented policies are being implemented in our country. Of course, the Russian Federation cannot be compared with the Soviet Union, which was perhaps the “most social” of all social states.
However, some activity in this direction is underway. Officially free secondary education has been preserved (theoretically there is also free higher education), the possibility of free housing has been preserved (again, theoretical), labor legislation has adopted a significant part of the norms on working hours and labor protection. A guaranteed minimum wage has been established (on which it is impossible to live, let alone survive). The fight against unemployment can also be considered as a social policy. True, the actual occupation of the country by millions of labor (and non-labor) immigrants is difficult to regard as an effective means of combating unemployment.
However, under Soviet rule there was neither unemployment (rather, there was a shortage of workers) nor immigrants. And it’s better not to think about free medicine at all...
It cannot be said that there is no “state support for family, motherhood, paternity and childhood, the disabled and elderly citizens,” but the amount of such support clearly does not correspond to the minimum needs of the supported subjects.
“The system of social services is developing,” as is the entire bureaucratic system.
“State pensions and benefits are being established,” allowing people who have worked all their lives for the benefit of the state, who fought, or worked in the rear, to eke out a miserable existence.
In development of the commented constitutional norms, a large number of acts of federal and regional legislation have been adopted. As an example, we can cite federal laws of December 15, 2001 No. 166-FZ “On state pension provision in the Russian Federation”; dated December 17, 2001 No. 173-FZ “On labor pensions in the Russian Federation”; dated November 24, 1995 No. 181-FZ “On social protection of disabled people in the Russian Federation”; from 02.08.1995
No. 122-FZ “On social services for elderly and disabled citizens”, etc.
However, the transformation of the Russian Federation into a welfare state is unlikely to happen in the foreseeable future. As N.A. Nekrasov wrote: “It’s a pity that neither I nor you will have to live in this beautiful time...”
About the 13th article of the Constitution of the Russian Federation
During the discussion of amendments to the Constitution of the Russian Federation, proposals to repeal Article 13 of the Basic Law, or at least its 2nd paragraph, were again loudly heard.
First of all, such initiatives come from patriotic figures and organizations.
Without questioning the sincerity of the supporters of such an amendment, I cannot help but express my firm conviction that they misinterpret the meaning of Article 13.
Article 13 of the Constitution of the Russian Federation states: “1. Ideological diversity is recognized in the Russian Federation.
2. No ideology can be established as state or mandatory.
3. Political diversity and multi-party system are recognized in the Russian Federation.
4. Public associations are equal before the law.
5. The creation and activity of public associations whose goals or actions are aimed at violently changing the foundations of the constitutional order and violating the integrity of the Russian Federation, undermining the security of the state, creating armed groups, inciting social, racial, national and religious hatred is prohibited.”
If we proceed from the text, and not from far-fetched interpretations and conspiracy theories, then we see that Article 13 does not at all prohibit state authorities (parties, other political forces and leaders in power) from having their own clearly formulated and freely proclaimed ideology.
It only prohibits imposing one ideology on all Russian citizens.
Persons advocating the abolition of Article 13, wittingly or unwittingly, are “heaping coals on their own heads.”
For some reason, they are confident that a mandatory state ideology, if introduced, will correspond precisely to their views.
But this will DEFINITELY not happen.
There will simply be a legal opportunity to declare any views that do not correspond to the inherently party “general line” of a particular government as “anti-constitutional,” to prohibit their dissemination and subject their supporters to repression.
Once again in more detail: it will be legally possible to prosecute as “unconstitutional” not only beliefs and views aimed at “forcibly changing the foundations of the constitutional system and violating the integrity of the Russian Federation, undermining the security of the state, creating armed groups, inciting social, racial, national and religious hatred” (which is absolutely correct!), BUT ANY BELIEFS AND VIEWS THAT DO NOT CONFORM TO ANY ONE IDEOLOGY.
Now the left can freely talk about the advantages of Soviet power and socialism, orthodox communists - about the delights of Marxism-Leninism and Stalinism, monarchists - about the beneficence of the monarchy, supporters of strengthening presidential power - about the further expansion of the powers of the President, supporters of a parliamentary republic - about the achievements of this system... All they have the right to promote their views, argue with opponents, win or lose supporters as a result; their actions are not unconstitutional, although the Constitution does not contain either Soviet power, communism, monarchy, or socialism, and the powers of the President and the Federal Assembly are specifically and comprehensively spelled out.
If Article 13 or its 2nd paragraph are repealed, the situation will change radically.
Nowadays, only those who resort to violence or call for it, who deliberately sow discord, who undermine the security of the state and try to violate its territorial integrity are legally persecuted (and quite rightly!). These prohibitions are quite sufficient to ensure the protection of the state and the main IDEAS and FOUNDATIONS of state order from destructive forces.
If Article 13 or its 2nd paragraph is repealed, it will be possible to persecute any citizen who is completely peaceful, law-abiding and loyal to the existing state structure, just because he does not share at least some of the ideological guidelines of the parties and individuals currently in power , considers another state structure (no matter the monarchy, Soviet power or some kind of jamahiriya) to be at least theoretically more perfect and dares to think and talk about it.
This is extremely dangerous for peace and harmony in Russia.
And patriots in all their varieties will inevitably suffer from such a repeal MANY times more than any liberals.
Alexander Nikolaevich Zakatov, Director of the Office of the Head of the Russian Imperial House, Candidate of Historical Sciences
Basic provisions of the Constitution of the Russian Federation
Clause 1. Article 5 of the Constitution of the Russian Federation “The Russian Federation consists of republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts - equal subjects of the Russian Federation.”
Clause 2 of Art. 11 of the Constitution of the Russian Federation “State power in the constituent entities of the Russian Federation is exercised by the state authorities formed by them.”
Clause 2 of Art. 66 of the Constitution of the Russian Federation “The status of a region, region, city of federal significance, autonomous region, autonomous district is determined by the Constitution of the Russian Federation and the charter of the region, region, city of federal significance, autonomous region, autonomous district, adopted by the legislative (representative) body of the corresponding subject of the Russian Federation.” >
Clause 3 of Art. 67 of the Constitution of the Russian Federation “The borders between the constituent entities of the Russian Federation may be changed with their mutual consent.”
Clause 1 of Art. 72 of the Constitution of the Russian Federation “The Russian Federation and the constituent entities of the Russian Federation are jointly responsible for: a) ensuring compliance of the constitutions and laws of republics, charters, laws and other regulatory legal acts of territories, regions, federal cities, autonomous regions, autonomous districts with the Constitution of the Russian Federation and the federal laws; b) protection of human and civil rights and freedoms; protection of the rights of national minorities; ensuring law, order, public safety; border zone regime; c) issues of ownership, use and disposal of land, subsoil, water and other natural resources; d) delimitation of state property; e) environmental management; Agriculture; environmental protection and ensuring environmental safety; specially protected natural areas; protection of historical and cultural monuments; f) general issues of upbringing, education, science, culture, physical culture and sports, youth policy; g) coordination of health issues; including ensuring the provision of accessible and high-quality medical care, preserving and strengthening public health, creating conditions for leading a healthy lifestyle, creating a culture of citizens’ responsible attitude towards their health; social protection, including social security;
g.1) protection of family, motherhood, fatherhood and childhood; protection of the institution of marriage as a union of a man and a woman; creating conditions for a decent upbringing of children in the family, as well as for adult children to fulfill the obligation to care for their parents; h) implementation of measures to combat disasters, natural disasters, epidemics, and liquidation of their consequences; i) establishment of general principles of taxation and fees in the Russian Federation; j) administrative, administrative-procedural, labor, family, housing, land, water, forestry legislation, legislation on subsoil, on environmental protection; k) personnel of judicial and law enforcement agencies; advocacy, notary; l) protection of the original habitat and traditional way of life of small ethnic communities; m) establishing general principles for organizing the system of state authorities and local self-government; o) coordination of international and foreign economic relations of the constituent entities of the Russian Federation, implementation of international treaties of the Russian Federation.”
Art. 73 of the Constitution of the Russian Federation “Outside the jurisdiction of the Russian Federation and the powers of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, the constituent entities of the Russian Federation have full state power.”
Clause 2 of Art. 76 of the Constitution of the Russian Federation “On subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, federal laws and laws and other regulatory legal acts of the constituent entities of the Russian Federation adopted in accordance with them are issued.”
Clause 5 of Art. 76 of the Constitution of the Russian Federation “Laws and other normative legal acts of the constituent entities of the Russian Federation cannot contradict federal laws adopted in accordance with parts one and two of this article. In the event of a contradiction between a federal law and another act issued in the Russian Federation, the federal law shall apply.”
Clause 1 of Art. 77 of the Constitution of the Russian Federation “The system of public authorities of republics, territories, regions, cities of federal significance, autonomous region, autonomous districts is established by the constituent entities of the Russian Federation independently in accordance with the fundamentals of the constitutional system of the Russian Federation and the general principles of the organization of representative and executive bodies of state power established by federal law ."
Clause 2 of Art. 77 of the Constitution of the Russian Federation “Within the jurisdiction of the Russian Federation and the powers of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation form a unified system of executive power in the Russian Federation.”
Clause 2 of Art. 78 of the Constitution of the Russian Federation “Federal executive authorities, by agreement with the executive authorities of the constituent entities of the Russian Federation, may transfer to them the exercise of part of their powers, if this does not contradict the Constitution of the Russian Federation and federal laws.”
Clause 3 of Art. 78 of the Constitution of the Russian Federation “The executive authorities of the constituent entities of the Russian Federation, by agreement with the federal executive authorities, may transfer to them the exercise of part of their powers.”
